Rohit S/O. Sudesh Ramteke (In Jail) v. The Superintendent Central Prison Nagpur And Another

Order 0504wp112.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 112/2017.

Rohit Sudesh Ramteke -VERSUSThe Superintendent, Central Prison, Nagpur and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATE : APRIL 05, 2017.

Heard Shri H.S. Meshram, learned Counsel for the petitioner and Shri S.D. Sirpurkar, learned A.P.P. for respondents.

Perused order dated 01.02.2017 and also affidavit in reply filed by respondent no.1.

2.

Petitioner is seeking release on furlough for the first time. Thus he has not enjoyed any kind of leave earlier. Rejection is on the ground of apprehension expressed by the witnesses in trial. 3.

During hearing, we find that the petitioner was on bail during trial and there is no complaint of

Order 0504wp112.17 any such misconduct on his part. After conviction he has not been released at all, therefore, the apprehension, as communicated appears to be misconceived.

4.

Hence, the impugned order dated 01.02.2017 passed by respondent no.2 is quashed and set aside. Petitioner be released on furlough within a period of two weeks, after obtaining appropriate bond and undertaking from him and from his surety, in accordance with law. Writ Petition is, accordingly allowed and disposed of. No costs.

JUDGE JUDGE Rgd.